Shaikh Rashid Shaikh Hasan Patel And Others v. The State Of Maharashtra And Others

16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 16 WRIT PETITION NO.9987 OF 2019 SHAIKH RASHID SHAIKH HASAN PATEL AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Mr. Shaikh Kayyum Najir AGP for Respondents/State : Mr. P. K. Lokhotiya. CORAM :

S. V. GANGAPURWALA AND MANGESH S. PATIL, JJ.

DATE :

13/08/2019 PER COURT :

1.

Learned counsel submits that the application under section 28A of the Land Acquisition Act is pending with the authority since 2013. The same is not yet decided.

2.

Learned A.G.P. accepts notice for respondents No. 1 to 4 and submits that the application filed by the petitioner under section 28A of the Land Acquisition Act does not appear to be within limitation. 3.

It is for the authority to consider all the aspects of the matter including limitation.

4.

In case, the application filed by the petitioner under section 28A of the Land Acquisition Act is pending with the authority (page 1/2

16.odt 53), then the authority shall take decision upon it on its own merits, in accordance with law, as per the procedure and after hearing all the parties concerned.

5.

Writ petition is disposed of. No costs.

( MANGESH S. PATIL, J. ) ( S. V. GANGAPURWALA, J. ) mkd 2/2